The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-03-31
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George B. Gridin, Appellant, W. Alex. p. Fries,
3ft : Is Appehee-Duvalc county.
McWHoR1sR, G. j.: -.s...t Sg,ss ssisr
]. When . suit in equity 10 pending between
fesdant b dependsncy o. the original suit and
can be sustained only On matter suOwlng out Of
the original suit, and the Affirmative relief sought
mast be equiiable relief. i's+ :" ssis
= Whsn . spis 10 .sjecimeat is pending be-
tween two parties and the plaintiff in such suit
hses hn Dill In equity TO rStfsin the defendant
trem cutting and Eemoving timber from The land
sued for, and the defendant in his answer denies
the plaintifs title 70 the knd, and alleges that
the lille g the land y in himaelf. he may u the
time Of nling his answer file, also . croas-hilF
PSAyfng shstthe psAinti6 may be enjI,ined hOm
aafteer prosecuting his suit in ejectoacut provided
the facts set forth 10 said crosebfl entile him To
equitable relief 8. 4iil.3a ~ aet1ss $500
3. Where . deed is los. without being recorded
our statutes makiag its registration necessary in
order to tebaf Subsequent purchaser without
actual notSse and for valuable consideration from
asserting a.superior right TO the original pur.
chaser, and ~ order 70 prevent the lien Of jude-
mens Of creditors Of the vendor from attaching
thereto, court of equity alone 10 adequate to
afford the relief that might arise from future per
ils to The title from want Of registration.
4 A court OF equity has the power 10 re-estxb-
iish lost deed; and when il exercises jurisdic-
iOa for this purpose it will, when all the parties
In interest are before it, and the only matter of
controversy between them ID the amount and de-
scfiption OF land conveyed by said lost deed, the
issue being found against the graniors in said
deed, the prayer of the bill justines il, re-
taia Jurisdiction Of said cause and make fnal
adjudication between the parties by epioinine
ing suit In ejectment agsinss patty in posses-
sion OF the land conveyed claiming title from the
grantee in said deed.
5. A bill iseqsi.y tya defendant in ejectment
praying that !hs plaiprf may be .enjoined from
furthef prosecuting his suit upon the bare aIlega-
ton that deed which - y link in his chain Of
title IS lost and not praying that said deed be re-
established, is without equity and a demurrer
thereio is properly sustained.
Fleming s. Daniel, for Appellant; Doegett s.
Buckman. for Appellee.
Eliza Simmons ct AL, appellants, vs.. L. w.
Spiatt, Appellte-Duval county.
McWHoRTER, c. j.:
l. Tenants In common may make parol parti-
ton between themselves OF the real estate held
by them so far as to put each one in the excl,l-
sive possession OF the part allotted TO him, if fol-
lowed BY actual possession, but such partition
does not convey the legal title 10 the whole of
the part allotted
2. deed OF land to the "estate Of d. W.
Hart" is a nulity.
of cause which sets forth the evidence Of a
witness since deceased cannot he introduced on
second trial 10 prove what was the testimony
OF such deceased witness on the former trial.
Vu9re.' Whether after long lapse OF time
the acqulescence Of the parties in the verdict, and
!ne inaolhty to obtain living witnesses to prove
the testimony Of the deceased witness such tes-
timony might not be admissible.
o. The Judges notes OF the testimony oil u wit
ness since deceased are not admissible DER &C. but
must be proven to be correct.
Judgment reversed and cause reminded.
Geo Wheaton Deans, for Appellants; A. W.
Cockrell & Son, for Appellee.
VIM. Il Christy ct al, Appellants, va Joshua L.
Burch, Appellee-Duval county.
McWHoRTER, G. j.:
l. An answer TO bill in equity is evidence
only q, far as il is responsive to the BILL Suf].
cheney OF evidence to Overturn answer discussed
.. When deed to real estate has been lost
and its loss and the contents thereof have been
established, this court will presume that il was
executed In accordance with the fornalties re-
quired by law.
8. Our statute regulating the manner of con-
veying property OF married women, sec. q, p 755.
AcCs Digest, which provides that the property
ot the wife shall only be conveyed BY The Joint
deed Of the husband and wife duly aites.ed, au
thcntIcated and admitted to record, according TO
the laws OF Florida regulating csnveyances of
real property" did not intend to make invalid, a.
betscoen The parties thereto, q deed otherwise In
accordance with the statute, though not re-
corded.
Decree affirmed
A; W. Cockrell & Son, for Appellants; Elem.
ing q Daniel, for Appellee.
Error, vs. The State of Florida, Defendant in
Error-Hillsborongh county.
VANVALK8NBuReH, j.:
l. The plaintiffs in error were tried in the Cir.
cult Court upon an indictment for the larceny of
property OF the value OF twenty-five dollars.
They were found guilty of the larceny Of prop
erty OF the value OF ten dollars and were fined
They moved in arrest of judgment upon the
ground that the Circuit Court had no jurisdic-
tion: Held, That jurisdiction is determined by
the Indictment, and that being for felony the
Circuit Court had, under the Constitution and
statutes, Jurisdiction, and the motion in court
was properly Overruled.
Q. In criminal cases the jurisdiction is deter
mined by the charge made in the Indictment,
reason OF such charge, 1t has under the law juris-
dction OF all lesser offences included within such
charge. er'
Affirmed.
Baron Phillips for Plaintiffs 10 Error; Attor.
ney- General, for Defendant In Error.
Henry Wiggins Plaintiff in Error, vs. The State
Of Florida, Defendant IN Error-Putnam
vxSVHixrssuRon, T.: i7
1. An inSiictmen, tor murder in the 6rst de-
gree should charge prsssediased intent or desire
to kill, as il alone distinguishes that crime from
murder 10 the lesser degrees.
& The bill of excepliOns should be full and
sufficient, and this court will not examine the
aseigned errOFs, when the Judge certifes tkat
il 10 az imperfect bill OF exceptions" not show.
ing all the evidence.
B. Exceptions taken TO the form and validity
Of The indielmept which appears in the record
will Of course be considered.
l. The verdict of the jury that they hnd the
defendant guilty upon &C Indictment, not charg-
ing the murder to have been premeditated. viii
not warrants q sentence Of DEATH
Reversed and new trial awarded.
w. II. Wigg, for Plaintiff 10 Error; Attorney.
General for Defendant In Error
e al 90 ssfs5 43 t... p, ii ....s... e
Kate 8. Sch mabel 9. al, Appellants, Va. Oharies
P. Belts. Appellee|Ddval county.
MCWHoKrkK, g. .. :s'",t "t = sr~tS ta
j l.Rear@saAte OF the wife VIM be cbarxed m
squity With, tha value o. Improvements which
she causes 10 be bdilt thereon.
~ ThS lhs6lvebc5 of the husband b not ne
csssary .opadittN 70 the power Of the wifs to %
charge her real estate. u
q q The. se.hnas.Sd' !. ~ Incompetent witness IN
t--al -